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Vermont Police Circumvented License Plate Surveillance Ban

Created at 30 Jun · 8:45 PM1 source↑ Market-relevant
IN SHORT

Vermont police departments have conducted over 100 license plate searches since 2023 by accessing out-of-state data, circumventing a state law that restricts domestic use of such surveillance technology. This practice exploits a loophole in a decade-old law that did not anticipate national camera networks.

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Key Numbers

100+out-of-state license plate searches by Vermont police since 2023
80,000+automatic license plate reader cameras deployed nationwide by Flock Safety
1decade-old law governing license plate tracking in Vermont
5Flock license plate cameras in Manchester, Vermont

Who's Involved

Vermont lawmakers
clamped down on domestic license plate surveillance years ago
Vermont police departments
conducted over 100 out-of-state license plate searches since 2023
Falko Schilling
ACLU advocacy director in Vermont raising privacy concerns
James Pontbriand
Berlin Police Chief using out-of-state license plate data
Vermont State Police
stated compliance with Vermont statutes for out-of-state data use
Flock Safety
Atlanta-based company providing license plate reader cameras
New England State Police Information Network (NESPIN)
regional intelligence hub providing license plate tracking information
Dave Maass
director of investigations at the Electronic Frontier Foundation
Manchester
Vermont town with Flock cameras and out-of-state agency searches

↳ Why This Matters

This practice highlights a significant gap between state privacy laws and the capabilities of modern surveillance technology, raising concerns about pervasive tracking and the balance between public safety and individual privacy.

Key facts

  • Vermont police conducted over 100 license plate searches since 2023 using out-of-state data.
  • A loophole in Vermont law allows access to national license plate tracking networks.
  • Law enforcement claims the practice is used for serious criminal investigations.
  • Privacy advocates argue this constitutes pervasive tracking on public roads.
  • Flock Safety cameras are a primary source of this data, accessed via regional hubs like NESPIN.

Vermont police departments have found a way around state laws restricting domestic license plate surveillance by accessing data from out-of-state camera networks, according to a VTDigger analysis. Since 2023, these departments have conducted over 100 searches, leveraging a loophole in a decade-old law that did not anticipate the existence of national camera systems.

Law enforcement officials argue that tracking license plates through these systems is a crucial tool for investigating serious crimes and that their use of out-of-state data complies with Vermont statutes. Berlin Police Chief James Pontbriand stated that such information can open doors to solving serious incidents. However, privacy advocates like Falko Schilling of the ACLU express serious concerns, questioning the expectation of being tracked on public roadways.

Automatic license plate reader cameras, such as those made by Flock Safety, capture vehicle plate information and store it in databases. While Vermont law enforcement is largely excluded from direct access to cameras within the state, they utilize regional intelligence hubs like the New England State Police Information Network (NESPIN) to obtain this data for suspects traveling out of state. Dave Maass of the Electronic Frontier Foundation noted that NESPIN's operations occur outside public view and regulatory oversight.

The use of license plate tracking technology has faced scrutiny nationwide, with instances of misidentification leading to false arrests and its use for tracking individuals seeking abortions, romantic interests, or targets of immigration enforcement. At least 16 states have implemented regulations for such cameras and their data. Manchester, Vermont, a community with Flock cameras, has seen its data accessed by out-of-state agencies, including NESPIN, totaling millions of nationwide searches.

Frequently asked questions

Vermont's law restricts the use of license plate tracking data within the state but is silent on law enforcement accessing data from national networks of cameras when individuals travel out of state.

They utilize regional intelligence hubs, such as the New England State Police Information Network (NESPIN), which provide access to license plate tracking information and other databases.

Privacy advocates worry about constant surveillance on public roads, the potential for misuse of data, and the lack of transparency and regulatory oversight for such systems.

Yes, license plate reader cameras have been accused of making mistakes, including misidentifying suspects and leading to false arrests, as seen in cases across the country.

What Happens Next

01Vermont lawmakers may revisit statutes to address the use of out-of-state license plate data.
02Further scrutiny of regional intelligence hubs like NESPIN is likely.

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Cadence

How It Developed

Vermont lawmakers enacted strict rules on license plate tracking years ago.
Vermont police stated they no longer use domestic license plate surveillance.
Vermont police departments conducted over 100 out-of-state license plate searches since 2023.
This surveillance exploits a loophole in state law regarding out-of-state data.
Law enforcement officials defend the practice as a tool for serious criminal investigations.
Privacy advocates raise concerns about pervasive tracking on public roadways.
Flock Safety cameras are widely deployed, with Vermont law enforcement accessing data via a regional hub.
Manchester, Vermont, has used Flock cameras, with its data accessed by out-of-state agencies.

Sources

T1
Vermont lawmakers tried to curb license plate surveillance. Police found a way around it.AP News

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